a lawsuit for more than $2.5 billion. number three, five hour energy, living essentials promises you have energy with no crash, but a survey shows a quarter of users experience extreme crash. the product may also kill you, at least the fda is investigating. sketchers shapeups. remember that? any product that helps you lose weight without dieting is a crock my friends, but these sneakers promised that, and the company's forced to shell out $40 million as a result. can you guess the number one misleading product claim? pom wonderful claim that the juice helps you cheat death. cheat death, my friends, prevents alzheimer's, cancers, heart attack, stroke, and prevents aging. bring it on. i want some of that. eight ounces a day is 5u8 you need. you have to have your head examined if you believe that. that's what i say. coming up later in the show, when we come back, did president obama break the law? find out what the judge had to say, and, next, one the nation's most prominent republicans telling the party to stop being stupid. is he being fair? come back with us. ♪ great, everybody made it.